Pradeep Nandrajog, J.—As per the plaint, claiming decree in sum of Rs. 84,15,000/- equal to US$ 1,70,000.00 at and exchange rate of Rs. 49.50 per US$, case of the appellant is that on April 29, 1997 a contract was concluded between the appellant and the respondent where under the respondent agreed to purchase Australian Tyson Chick Peas from the appellant at the rate agreed and pursuant whereto the appellant shipped 200 MT Chick Peas valued at US$ 185,729.25 to the respondent and raised an invoice dated July 23, 1997 followed by Standard Chartered Bank, Singapore, the banker of the appellant drawing up a Bill of Exchange dated July 27, 1997 upon the respondent through its banker, Bank of Punjab, New Delhi for the invoice amount, which Bill of Exchange envisaged payment within 90 days of its acceptance by the respondent. On July 29, 1997 the Bill of Exchange was accepted for payment by the respondent, but it wanted to pay the amount in installments and accordingly it made four payments on September 09, 1998, September 17, 1998, September 21, 1998, November 24, 1998 and January 20, 1999 in a sum of US$ 17,970.00 each to the appellant followed by a fifth payment made on Februa